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Convicted rapist, Nicholas Ninow inside the dock at the North Gauteng High Court. (Photo by Gallo Images/Phill Magakoe)
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17 Oct 2019
Mosopa sentences Ninow to five years in prison for the possession of drugs, and five years for defeating the administration of justice. Mosopa orders that the sentence in count three will run concurrently with the sentence in count one which is life imprisonment.
Ninow's full sentence is life imprisonment and five years.
Mosopa says that Ninow's particulars be included in the sexual offenders list. The effect of this order is that in future Ninow may not be employed in the environment that involves children.
17 Oct 2019
Mosopa is now detailing Alberts' arguments on why there should be deviation from the minimum prescribed sentence.
17 Oct 2019
Judge Mosopa has returned to court, and is busy summarising pre-sentencing evidence. Mosopa is currently summarising all the testimony that has been heard over the last two days.
17 Oct 2019
Ngobeni concludes her arguments, saying that the court should not deviate from the minimum prescribed sentence. Ngobeni argues that there is no remorse from the perpetrator.
17 Oct 2019
Ngobeni says the trauma has been deeply embedded in the victims mind to the extent that it will haunt her forever. Ngobeni says the court should not deviate from the minimum prescribed sentence, given the impact of the offence on the victim.
17 Oct 2019
Ngobeni says that its not only the victim that suffered, but the family of the victim as well. They feel helpless that they cant help the victim.
17 Oct 2019
Ngobeni says the victim is tiny, just looking at her, Ninow would have known she is a little child. She weighed no more than 21kg at the time of the offence.
17 Oct 2019
Ngobeni says that when the perpetrator's age is compared to the age of the victim, then it is a serious aggravating factor. Ngobeni described the features of the victims, her weight, height, form, and so forth. The State highlights that the child is very little and that is why Ninow preyed on the child and attacked her.
17 Oct 2019
Ngobeni submits that the poem and letter is an afterthought, a plan to evade longterm imprisonment. She adds that Ninow's statements talk of remorse, but his conduct proves otherwise.
17 Oct 2019
Ngobeni says that the case against the accused was so overwhelming and contestable, that is why he pleaded guilty.
17 Oct 2019
Ngobeni says Ninow's plea explanation shows that he was not genuinely remorseful, as he did not take the court into his full confidence, giving a full account account of what transpired.
17 Oct 2019
State prosecutor Ngobeni says that the plea was not "genuine" and that is why the plea was rejected.
17 Oct 2019
Mosopa asks why Ninow did not reach out to the family before the trial started. Making a financial contribution for some sort of retribution and delivering the letter and poem. Alberts submits that would be improper and possible interference.
17 Oct 2019
Alberts submits that both the psychologist and the probation officer were of the view that Ninow is remorseful. Mosopa replies that remorse is not only what is said in court, but its the actions as well.
17 Oct 2019
Albert's also submits that Ninow is young and that he is a first time offender. These are all arguments in trying to get the court to deviate from the minimum prescribed sentence for rape, which is life.
17 Oct 2019
"He will go through life with that stigma."- Alberts says, also submitting that Ninow has lost his fiance and would possibly go through life without knowing his son.
17 Oct 2019
"My suspicion is that he is a broken individual. We should try and fix this individual" - Alberts.
17 Oct 2019
Alberts says that Ninow's personal circumstances and where he came from should be taken into consideration as well when metering out a sentence.
17 Oct 2019
Alberts argues that the court has the responsibility to weigh up all the facts and not only the seriousness of the offence in isolation.
17 Oct 2019
Botha recommend that the court takes into consideration, the impact that Ninow has had on the victim's life.
17 Oct 2019
The victim experienced a traumatic incident that could have long term side effects, including suicidal behaviour, Botha testifies.
